Vietnam: Duties and powers of people’s procuracies when performing constitutional functions

1. Tasks and powers of people’s procuracies when exercising the power to prosecute

According to Clause 3 Article 3 of the Law on Organization of People’s Procuracies 2014 of Vietnam, when exercising the power to prosecute, people’s procuracies have the following duties and powers:

- To request the institution of criminal cases; to cancel illegal decisions on institution or non-institution of criminal cases; to approve or not to approve decisions on initiation of criminal proceedings against the accused issued by investigating agencies or agencies assigned to conduct some investigating activities;

- To directly institute criminal cases and initiate criminal proceedings against the accused in the cases prescribed by the Criminal Procedure Code;

- To decide on, or approve, the application, change or cancellation of measures restricting human rights or citizens’ rights in the settlement of reports and information on crimes and recommendations for prosecution and in the laying of charges, investigation and prosecution in accordance with the Criminal Procedure Code;

- To cancel other illegal procedural decisions in the settlement of reports and information on crimes and recommendations for prosecution, and in the laying of charges and investigation by investigating agencies or agencies assigned to conduct some investigating activities;

- When necessary, to set investigation requirements and require investigating agencies or agencies assigned to conduct some investigating activities to fulfill such requirements;

- To request concerned agencies, organizations and individuals to provide documents to clarify offenses and offenders;

- To directly settle reports and information on crimes and recommendations for prosecution; to conduct some investigating activities to clarify grounds for laying charges on offenders;

- To investigate crimes of infringing upon judicial activities and corruption- and position- related crimes in judicial activities in accordance with law;

- To decide on the application of summary procedure in investigation and prosecution;

- To decide on the prosecution and accusation against the accused at court hearings;

- To protest against court judgments or decisions in case of injustice, wrongful conviction or omission of offenses or offenders;

- To perform other duties and exercise other powers in making accusations against offenders in accordance with the Criminal Procedure Code.

2. Tasks and powers of people’s procuracies when supervising judicial activities 

In addition to regulating the powers and duties of the People's Procuracy when exercising the right to prosecute, the law also stipulates that, when performing the function of supervising judicial activities, people’s procuracies have the following duties and powers:

- To request agencies, organizations and individuals to conduct judicial activities in accordance with law; inspect judicial activities falling under their competence and notify inspection results to people’s procuracies; provide dossiers and documents to people’s procuracies for the later to examine the lawfulness of acts and decisions in judicial activities;

- To directly supervise; verify and collect documents to clarify violations committed by agencies, organizations and individuals in judicial activities;

- To handle violations; to request or recommend competent agencies, organizations and individuals to remedy and strictly handle violations in judicial activities; to recommend concerned agencies and organizations to apply measures to prevent violations and crimes;

- To protest against illegal court judgments or decisions; to recommend action against illegal acts or decisions committed or made by courts; to protest against illegal acts and decisions committed or made by other competent agencies and persons in judicial activities;

- To supervise the settlement of complaints and denunciations about judicial activities; to settle complaints and denunciations falling under their competence;

- To perform other duties and exercise other powers in supervising judicial activities in accordance with law.

This is the content specified in Clause 3 Article 4 of the Law on Organization of People’s Procuracies 2014 of Vietnam.

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